Terms and Conditions of Service
These Terms and Conditions (“Agreement”) govern the provision of interior and exterior design services, procurement, and project management by Provo (“Designer,” “We,” “Us”) to the client (“Client,” “You”). By accepting a Proposal, signing a Letter of Agreement, or engaging our services, you agree to be bound by these terms.
Company Information
- Company: Provo
- Website: provo.in
- Location: Kolkata, West Bengal
- Address: 10 East Topsia Road, next to Mercedes Benz, Topsia, Kolkata, West Bengal 700046
- Contact: 9073007000
- Email: info@provo.in
- Service Type: Interior and Exterior Designer
1. Scope of Work and Services
1.1. The Contract: This document, together with the formal Proposal/Quotation provided by Provo and any subsequent written amendments, constitutes the entire contract for the project.
1.2. Service Definition: Provo will provide professional Interior and/or Exterior Design Services, which may include design consultation, concept development, preparation of drawings and specifications, selection of materials and finishes, vendor/contractor coordination, and project supervision, as detailed in the agreed-upon Proposal.
1.3. Exclusions: Unless explicitly stated in the Proposal, our services do not include: Structural, mechanical, electrical, or plumbing (MEP) engineering calculations or certifications; Modifications to load-bearing walls or existing MEP systems beyond simple fixture replacement; Security systems, IT infrastructure, or specialist lighting design; Payment of any fees, permits, or government approvals required for the project.
1.4. Client Approvals: The Client is responsible for providing timely written approval of all designs, drawings, specifications, material samples, and costs. Delays in approval will directly impact the Project Timeline, and Provo shall not be held liable for such delays.
2. Design Drawings and Intellectual Property
2.1. Ownership of Work Product: All designs, drawings, specifications, mood boards, 3D visualizations, and other documents prepared by Provo (“Work Product”) remain the sole intellectual property and copyright of Provo.
2.2. Limited License: Upon full and final payment of all fees, Provo grants the Client a non-exclusive, non-transferable license to use the Work Product solely for the purpose of constructing, using, and maintaining the specific project at the designated location.
2.3. Prohibited Use: The Work Product may not be copied, reproduced, or used for any other project or property, or shared with any third party, without the express written permission of Provo. Any unauthorized use is at the Client’s sole risk and without liability to Provo.
2.4. Photography and Marketing: The Client agrees to permit Provo and its designees to photograph the project site during all stages of work and upon completion. Provo retains the right to use these photographs for promotional, marketing, and portfolio purposes, including online and on social media, without disclosing the Client’s name or exact address without prior consent.
3. Financial and Payment Terms
3.1. Quotation Validity: All price quotations, proposals, and cost estimates are valid for a period of 30 calendar days from the date of issue. Prices are subject to change after this period.
3.2. Taxes: All professional fees, procurement costs, and service charges are exclusive of applicable Goods and Services Tax (GST) or any other government levies, which will be charged in addition at the prevailing rate.
3.3. Payment Schedule: A typical payment schedule for a design and execution project is as follows, though the final schedule will be detailed in your Proposal:
| Stage | Payment Due | Notes |
|---|---|---|
| Booking/Design Start | 10% of Estimated Project Value | Non-refundable; secures Provo’s services and initiates the design phase. |
| Design Sign-off | 40% of Estimated Project Value | Due upon final approval of all 3D designs, layouts, and specifications. |
| Manufacturing/Procurement | 40% of Estimated Project Value | Due before the commencement of major custom manufacturing or procurement of materials. |
| Project Completion/Handover | 10% (Balance Amount) | Due upon project completion and before the final handover and installation. |
3.4. Overdue Payments: Invoices are due for payment within 7 calendar days of the invoice date. Payments not received within this period may incur a late payment charge of 1.5% per month or the maximum permissible rate under Indian law. Provo reserves the right to suspend or cease all work until all overdue amounts are settled.
3.5. Reimbursable Expenses: The Client shall reimburse Provo for all agreed-upon out-of-pocket expenses incurred on behalf of the project.
3.6. Advance Non-Refundable: All advance payments, booking fees, and payments made for custom-made or special-order items are non-refundable.
4. Procurement and Materials
4.1. Purchasing Authority: Where Provo is engaged to purchase goods (furniture, fixtures, fittings, materials) on the Client’s behalf, full payment for such goods must be remitted by the Client to Provo prior to the placement of the order with the vendor.
4.2. Trade Discounts: Provo may receive trade discounts from vendors. A separate purchasing and handling fee may be charged by Provo for the coordination, inspection, and logistics of procured items.
4.3. Material Variation: The Client acknowledges that natural materials (like wood, stone, veneer) may exhibit inherent variations in colour, texture, and grain. Provo is not responsible for these natural variations.
4.4. Warranty on Goods: Provo does not provide a warranty or guarantee on any goods, materials, or equipment supplied by third-party manufacturers or suppliers. Warranties are provided directly by the manufacturer.
5. Project Execution and Timeline
5.1. Project Timeline: Any timeline provided by Provo is an estimate. The final completion date is dependent on Client approvals, material supply, and unforeseen site conditions. Provo shall not be liable for any losses or damages caused by delays beyond its reasonable control.
5.2. Site Access and Utilities: The Client must ensure that Provo and its contractors are granted sufficient, uninterrupted, safe access to the site. The Client is responsible for providing necessary utilities (water, electricity) and secure storage space.
5.3. Contractor Coordination: Provo is not responsible for the means, methods, or safety procedures of construction. The contractor remains solely responsible for the quality and execution of their specific work.
5.4. Change Orders: Any deviation from the approved Scope of Work requires a formal Change Order, which needs written agreement and may adjust the Project Cost and/or Timeline. No additional work will commence without a signed Change Order.
6. Warranties and Liability
6.1. Professional Standard: Provo agrees to perform its services consistent with the standard of care and skill ordinarily exercised by professional designers in Kolkata, West Bengal.
6.2. Limitation of Liability: Provo’s total liability to the Client shall be limited to the total fees actually paid by the Client to Provo for the design services related to the specific part of the project that is the subject of the claim.
6.3. Exclusion of Damages: Provo shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits or revenue.
6.4. Manufacturing Warranty: Provo may offer a limited manufacturing warranty on custom-made furniture or modular products fabricated directly by Provo, as specified in the Proposal. This warranty does not cover normal wear and tear, misuse, or external damages.
7. Cancellation and Termination
7.1. Termination by Client: Upon written termination by the Client, the Client shall immediately pay Provo for all services rendered, all outstanding expenses, and any non-cancellable commitments made to third-party vendors. The initial Booking Fee is non-refundable.
7.2. Termination by Provo: Provo may terminate this Agreement immediately if the Client breaches any term, including failure to make payments or delays in providing necessary approvals.
8. Governing Law and Dispute Resolution
8.1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of India.
8.2. Jurisdiction: All disputes shall be subject to the exclusive jurisdiction of the Courts in Kolkata, West Bengal, India.
8.3. Dispute Resolution: The parties agree to first attempt resolution through amicable negotiation. Failing that, disputes may proceed to mediation or binding arbitration in Kolkata.
9. Client Responsibilities
The Client shall, at their own expense: Provide all information, decisions, and approvals necessary; Warrant that they own the property or have the full authority to undertake the works; Be responsible for obtaining and maintaining any necessary permissions, permits, and licenses from the local authorities; Be responsible for providing insurance coverage for the project site and materials.
10. Force Majeure
Provo shall not be liable for any delay in performance or non-performance due to any Force Majeure event, including but not limited to acts of God, war, pandemic, public disorder, or any other cause beyond the reasonable control of Provo.